Contract Law for Non-Legal Professionals
Managers, company directors, executives and businessmen need to clearly understand contract law. Learn how to interpret the contractual clauses and what the terms and conditions actually mean. Now it is even more important to understand how contracts can be made electronically through the email and the world wide web over the internet. Participants will learn how to make a valid contract – oral or written. Learn how a contract may be discharged by novation, by performance and frustration and how to terminate a contract and know the remedies available for breach of contract, including liquidated damages and penalty clauses, specific performance and injunctions.
Get a thorough understanding of the principles of contract law through this course taught by a well-known author of 31 law books, including the best-seller book “Contract Law”. Rules on contract drafting will be discussed. Emphasis will be placed on the terms and clauses frequently used in the drafting of contracts and agreements, including boiler plate clauses, e.g. entire agreement clauses etc.
Video training materials will be used to enhance learning. Course materials will be given which are useful and invaluable references. Case studies and case presentations will be discussed. You will learn how to conduct your businesses effectively within the laws of business and companies.
Detail
| Date: | |
| Duration: |
1, day(s) 9:00AM - 5:00PM |
| Fee: | $540.00 |
| Venue: | 51 Anson Road, #03-53 Anson Centre Singapore 079904 |
Fees are subjected to prevailing GST of 7%
For more information, please contact JobsDB Learning at 65788111 or email to learning@jobsdb.com.sg
Payment must be made before the commencement of the workshop. No cancellation is allowed 7 days prior to workshop.
Outline
Roles and responsibilities of a contract manager
· Commencing the contractual process
- Relationship building
- Setting Targets, timelines and periodic review
· Defining expectations
Understanding Contractual Materials and Terms
· Standard form contracts
· Conditions and Warranties
· Complex Terms –
- The Suisse Atlantique case
· Identifying fundamental terms and minor terms
· Express & Implied Terms
· Parol Evidence Rule
· Unconscionable bargains and unreasonable terms of contract
· The incorporation of terms
- implication by custom
- implication by fact
- implication by law
· Interpretation of Terms
- from literal to contextual interpretation
- inadmissible evidence
· Exclusion Clauses
- contra proferentum rule
- Exceptions of negligence liability under the Unfair Contract Terms Act
- The enforcement mechanism under Statutory restrictions
Construction of the Contract
- express provision
- hardship clauses or intervener clauses
- force majeure
Vitiating Factors in a Contract
· Mistake
- non est factum
- fundamental mistake about contractual document
· Misrepresentation
- identifying representations from terms of contract
- identifying actionable statements and omissions
- silence (non-disclosure) to constitute misrepresentation
- the three types of fraudulent, negligent and innocent misrepresentation
- consequences of misrepresentation
- remedies available
- what is rescission?
- damages under Misrepresentation Act
- restitution, indemnity and damages at Common Law
· Duress to person and property
- illegitimate pressure
- voidable contracts
· Undue Influence
- voidable contracts
· Illegality
- presumption
- void contracts at common law
- contract in restraint of trades
- illegal contracts
Managing Contract Performance
- Variations to the existing contract – Negotiating variations and potential legal pitfalls
- Extensions and renewals – effective use of extension and renewal clauses – best practices with regard to notices
- Completion of works and original expectations – reviewing contract specifications and matching with performance
- Withdrawing from the contract – understanding the legalities of wrongful withdrawal
- Termination and post-termination actions
Essential Negotiation skills
- Clarifying objectives & goals
- Bargaining tools
- Compromising without losing out
- PIOC Harvard Techniques
- Tips for a Successful Negotiation
Enforceability – Is the contract enforceable?
· Offer & Acceptance
- invitation to treat e.g. auction and tenders
- electronic formation of contract e.g. e-offer or e-acceptance
· The Enforcement of Bargains
- consideration
- the requirement of a benefit/detriment in a contract
- rules of consideration in drafting innovative contracts
· The Contracts (Rights of Third Parties) Act
Enforcement methods
- Identifying and evaluating the various strategies in dispute resolution
- Litigation, arbitration and mediation, mini-trials
- Ways to structure efficient dispute resolution clause
Termination of contracts
· Discharge of contracts
- by performance
- by agreement
- by frustration
- effects of frustration under Frustrated Contracts Act
- money paid or payable
- legal impossibility
- physical impossibility
- impossibility of purpose
- by repudiatory breach
- self-induced frustration
Remedies for the breach of contract
- Assessment of damages – the compensatory aim
- Obtaining injunctions
- Liquidated damages
- Penalty clauses
- Remoteness of damage under the rule in Hadley v Baxendale
- Speculative damages
- Mitigation of damages
- Specific performance
- Quantum Meruit (for the work done)
Facilitators
Catherine Tay Swee Kian is an Associate Professor lecturing law at the National University of Singapore, Department of Strategy
and Policy (NUS Business School). She is also an Advocate and Solicitor of the Supreme Court of Singapore and an author of 31 law
books.
Prof Tay studied law at Queen Mary College, University of London and graduated with a Master of Laws, in which she specialised in
Company, Shipping, Insurance and Marine Insurance Laws. She did her pupillage under the Honourable Lady Mary Hogg in London
and returned to Singapore in the law firm of Rodyk & Davidson.
She has contributed and published legal articles in established international refereed journals, as well as high-quality legal
publications of local importance and relevance such as “The Malayan Law Journal” and “The Singapore Law Gazette”, an official
publication of The Law Society of Singapore.
Prof Tay was on the Board of Overseas Editors for the (United Kingdom) Journal of Financial Crime, an official publication of the
Cambridge International Symposium on Economic Crime. She has presented papers at many conferences and seminars on Business
Law, Medical Law, Company and Insolvency Laws both overseas and in Singapore. Prof Tay is an examiner on law subjects for a
number of professional bodies in Singapore and overseas. She conducts in-house seminars for hospitals, banks, statutory boards,
hotels, commercial firms and companies, clubs and associations.
She has lectured in seminars and workshops in medical ethics and law. She is also a legal consultant appearing on many television
segments. She co-hosted a weekly talk show “In the Eyes of the Law” on NTUC RadioHeart and was a consultant to MediaCorp
television series on consumer laws “What’s Your Case” on TV Channel 5.